Law and Order

JUL 2013

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FEATURE Bicycle Law Enforcement Example of controlling the lane—using the lane like other drivers. feet of operating space. The typical cyclist is roughly 30 inches, but requires some lateral "wobble" space. Even 4-wheel vehicles don't track a perfectly straight line. Realistically, many cyclists need 5 feet or more of space to operate safely, due to the type of bike and accessories or cyclist's inexperience. All states require safe passing clearance between vehicles of any type. Some require a 3-foot minimum clearance for passing bicyclists. While nearly impossible to enforce unless a cyclist is struck, it does give the motorist a general idea that they need to move over. With the 3-foot minimum, the cyclist's operating space and the passing space have already accounted for more than half of a 12-foot lane. Most passenger cars are roughly 6-feet wide, with mirrors adding another foot. As we'd expect a car takes up more than half of a 12-foot lane, too. The problem is many motorists don't realize how wide their cars are, or how close the right side is to something they are passing. This is why it is safest for a bicyclist to control the lane in a way that sends a clear message that overtaking motorists must pass them in an adjacent lane. This action by the bicyclist prevents crashes. 54 LAW and ORDER I July 2013 Today's traffc includes a high percentage of large vehicles like pickups and SUVs that are even wider than conventional passenger cars. Below is an example of what happens if a truck attempts to pass a cyclist within a 12-foot lane. Would you want that truck to pass you at any speed that close? What Laws Should You Enforce? Traffc laws refect the rules of safe and predictable movement. These apply to cyclists as they do to motorists. Traffc controls such as stop signs and traffc signals certainly apply. So do destination lanes such as turn-only lanes. Use of headlights, and in many states, taillights, is required at night. Cyclists are required to travel the same direction as traffc, yet many cyclists are commonly seen riding facing traffc. Due to its unpredictable nature, this is a leading cause of motorist/bicycle crashes. Wrongway cycling is dangerous and illegal behavior in all 50 states. The major violations, which cyclist should be stopped and ticketed for are: 1) riding against traffc; 2) failure to yield right of way at stop or yield signs; 3) running red lights; and 4) riding without re- quired nighttime lighting. We need to stop cyclists for disobeying traffc controls. Many cyclists ride through red lights because they have no fear of being ticketed. This obvious lawlessness by some cyclists further increases the animosity felt by many motorists. If the police won't enforce traffc laws for bicyclists, who will? Isn't that part of the police role in enhancing traffc safety and promoting voluntary compliance with the law? The major violations by motorists that endanger bicyclists are: 1) failure to yield right of way; 2) unsafe passing; 3) harassment or assault; and 4) inattentive or impaired driving. By law, cyclists always have the right of frst come, frst served in the lane that they are occupying. Vehicles can't legally intrude into their path, or pass them, unless it is safe to do so. Most right-of-way conflicts occur at intersections. There, motorists pull out or make turns across the path of cyclists. Violations also occur when a motorist passes a cyclist just prior to turning right and then turns across the cyclist's path. This can happen if the cyclist is riding too far right or is in a bike lane, sidewalk or path. These right-of-way violations account for many collisions between motorists and bicyclists. Offcers should be watchful to cite these violators and understand them when working crashes. Seeing and treating cyclists as an expected and respected part of traffc will undoubtedly be a new idea for many police offcers and their administrators. Some have even exhibited a bias against cyclists in traffc, which is likely the result of conditioning that cyclists are neither a traditional nor legal part of the traffc mix. Both of those assumptions are historically and legally wrong. While educators have a lot of work to teach cyclists young and old to ride lawfully and responsibly, it is the role of law enforcement to reinforce those lessons with appropriate enforcement and mutual respect. Kirby Beck is retired after 28 years with the Coon Rapids, Minn. Police. He is a certifed IPMBA police cyclist instructor trainer. He is an expert witness in bicycle crash cases. He can be reached at kirby@ kbeckconsulting.com. LaO Post your comments on this story by visiting www.lawandordermag.com

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